Irfan Ali (Petitioner) VS Province of Sindh & Others (Respondent)

ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Constitutional Petition No. D-6285 of 2022 (Irfan Ali v Province of Sindh & others) Date Order with signature of Judge(s) Before:

Mr. Justice Muhammad Karim Khan Agha Mr. Justice Adnan-ul-Karim Memon Date of hearing and order 28.08.2025 Mr. Tajamul H. Lodhi advocate for the petitioner.

Mr. Sandeep Malani , AAG

ORDER

Adnan-ul-Karim Memon, J: The petitioner is requesting this court to order Respondents No. 2 and 3 to issue his appointment letter as a Constable in the Sindh Police. The petitioner claims that he has met all qualifications for the position and that the refusal to appoint him is discriminatory.

2.In 2016, a petitioner applied for a police constable position in the Larkana Range. He passed the physical and written exams and also appeared for an interview on August 27, 2016. After the interview, he was informed by the office of the Deputy Inspector General of Police (DIG) that he had successfully cleared all tests and should wait for the final list of selected candidates. Finally, he was declared a failure in the interview. He filed a Petition before this Court, which was dismissed as withdrawn vide order dated 20.9.2022.

3.Learned counsel for the petitioner argued that the petitioner is being unfairly denied an appointment as a Constable in the Sindh Police, despite having qualified for the position. The petitioner's counsel alleges that the respondents' actions are malicious, discriminatory, and a violation of his fundamental rights, particularly Articles 25 and 27 of the Constitution of the Islamic Republic of Pakistan, which guarantee equality and non-discrimination in public service appointments. The petitioner's counsel asserts that this denial is intentional and has been ongoing since 2016. The petition asks the court to direct the respondents to issue an appointment letter to the petitioner and grant any other relief it deems appropriate.

4.Learned AAG submitted that as per the Sindh Police Recruitment Policy of 2016, revised in 2022, a minimum of 25 marks (50%) is required to pass the interview for a constable position. The petitioner, having scored only 16 marks, was declared a failure by the Range Recruitment

Committee. He added that the petitioner already filed a petition, which was dismissed as withdrawn as such, no further direction is required on the subject issue.

5.We have heard the learned counsel for the parties and perused the record with their assistance.

6.The petitioner failed the police recruitment interview, scoring only 16 out of 50 marks. According to the 2016 Sindh Police Recruitment Policy, a minimum score of 25 marks (50%) is required to pass. Prima facie, the petitioner has failed to make out a clear case of infringement of his right or establishing malafide on the part of the official respondents in following the recruitment procedure.

7.In the light of the above discussion, the instant constitutional petitions, along with pending application(s) are dismissed on the ground that the petitioner's requested relief is no longer available. The petitioner first filed a similar case in 2016 (C.P. No. 1226 of 2016), which was withdrawn in 2022 without permission to file a new one. The current petition, filed on the same grounds, was submitted after the petitioner had already exceeded the age limit for the position. Besides, the petitioner has failed in the interview; as such, no further indulgence of this Court is required under Article 199 of the Constitution.

8.Petition Stands dismissed along with pending application(s).

JUDGE

Head of Constitutional Benches

Shafi